DUI REFUSAL Should You Take the Test

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Should you Refuse a Blood or Breath Test and Be Considered a DUI Refusal?

Arguably the most important piece of information in a Colorado DUI case for the prosecution is the blood alcohol content (BAC) or the drug levels. If you are arrested for Driving Under the Influence of Alcohol or Drugs you have three options:

Option 1:       You can consent to test of your blood for alcohol content

Option 2:       You can consent to a test of your breath for alcohol content

**If drug DUI you an consent to the test of the officers choice

Option 3:       You can refuse all tests (this will be called a DUI refusal)

 ** Unlike with alcohol, if you are suspected of DUI of drugs the officer will ask you to take a test of your blood, urine, or saliva. You do not get to choose the test, the officer does.


 The Colorado DMV revokes licenses for one year, if the DMV finds by a preponderance of the evidence that the officer had probable cause to request the test and that you refused such a test (often times this is called a DUI refusal). The preponderance of the evidence standard is considerable less that beyond a reasonable doubt. It means more likely or at least 51%.

The DMV has the ability to revoke your licenses because it is an administrative action, not a criminal court action. This means that the DMV action is separate and apart from any potential court case that you may have from a DUI refusal of a blood or breath test.


 A DUI charge is more difficult for the government to prosecute without a BAC or drug level. This is not to say that the case would not go forward with prosecution, it is just a harder case.   According to our laws, if you refused a test then the jury can consider the fact that you refused the test as evidence that you were driving under the influence of alcohol or drugs. Typically, in these cases the manner of driving and reason for the stop become very important.


Colorado’s Express Consent Law makes you do two things, if you agree to take the test. First, submit to the test and second corporate in the administration of the test. The following situations can result in the officer accusing you of a DUI refusal:

  1. For alcohol DUI only, you have a right to choose either a blood or breath test. You may not change the test that you selected. If you choose blood you may not switch to a breath test and vice versa.
  2. You must cooperate in the performance of the test.
  3. You do not have a right to talk to an attorney before deciding what, if any, test to take.
  4. For a blood test, you must agree to release of blood to the police officer, if it is drawn at a hospital.

If you, a friend, or family member is accused of DUI or a DUI refusal contact us today for a free case evaluation at (303) 747-4686 or by clicking here.  Don’t assume that you have no defense, don’t pled guilty or listen to the prosecution before you call us.  We will take the time to explain the process an any potential defenses that you may have.